| Citation: |
Kablawi v. Canada (Citizenship and Immigration), 2010 FC 888, [2010] 4 F.C.R. D-7 |
IMM-5641-09 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of decision by immigration officer finding applicant inadmissible on grounds of membership in organization engaged in acts of terrorism pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 34(1)(f)—Applicant, stateless Palestinian, member of Syrian Social Nationalist Party (SSNP) from 1971 to 1991—Several acts of violence attributed to SSNP since 1970’s—After speaking out against SSNP’s corruption, applicant successfully claiming refugee status in Canada—Issues whether: (1) officer erring in relying on evidence that is not credible, (2) reasonably open to officer to determine that SSNP engaged in acts of terror—Evidence demonstrating civilians injured, killed as consequence of SSNP suicide bombings—Officer’s conclusion that suicide bombings inevitably causing death, serious bodily injury to persons other than military combatants clearly within definition of terrorism as per Suresh v. Canada (Minister of Citizenship and Immigration), 2002 SCC 1, [2002] 1 S.C.R. 3—Although some documentary evidence lacking basic reliability, officer relying on reputable news sources adhering to journalistic standard of objectivity, accuracy—No evidence accounts of SSNP activity reported by such sources inaccurate—Reasonably open to officer to find SSNP engaged in acts of terror—Improbable that applicant unaware of SSNP’s acts of violence during his membership—Application dismissed.
Kablawi v. Canada (Citizenship and Immigration) (IMM-5641-09, 2010 FC 888, Kelen J., judgment dated September 10, 2010, 31 pp.)